Results 1 to 9 of 9

Thread: RC grocery stores

  1. #1
    Campaign Veteran
    Join Date
    Apr 2009
    Location
    Rapid City, South Dakota, USA
    Posts
    302

    Post imported post

    Does anyone regularly carry in any Rapid area supermarkets? Any problems? I usually shop at FTC and Safeway.

  2. #2
    Regular Member
    Join Date
    Jul 2008
    Location
    , South Dakota, USA
    Posts
    119

    Post imported post

    petrophase wrote:
    Does anyone regularly carry in any Rapid area supermarkets? Any problems? I usually shop at FTC and Safeway.
    Are you having a problem? My family and I regulary cc in stores all over Rapid City without a problem. We do not open carry in the city but do so ourside of Rapid City. Be more specific.

    If you open carry in Rapid City you will be stopped by the local police and questioned. However, you are perfectly legal and will be allowed to go about your business. But, you can expect regular police contact.

  3. #3
    Campaign Veteran
    Join Date
    Apr 2009
    Location
    Rapid City, South Dakota, USA
    Posts
    302

    Post imported post

    OC. I CC in Rapid, but I am considering OC.

  4. #4
    Regular Member Hendu024's Avatar
    Join Date
    Apr 2009
    Location
    Virginia Beach, Virginia, USA
    Posts
    447

    Post imported post

    SDguy wrote:
    petrophase wrote:
    Does anyone regularly carry in any Rapid area supermarkets? Any problems? I usually shop at FTC and Safeway.
    Are you having a problem? My family and I regulary cc in stores all over Rapid City without a problem. We do not open carry in the city but do so ourside of Rapid City. Be more specific.

    If you open carry in Rapid City you will be stopped by the local police and questioned. However, you are perfectly legal and will be allowed to go about your business. But, you can expect regular police contact.
    Why will you be stopped and questioned with regular police contact? Isn't SD a Gold Star state?

  5. #5
    Regular Member
    Join Date
    Jul 2008
    Location
    , South Dakota, USA
    Posts
    119

    Post imported post

    Hendu024 wrote:
    SDguy wrote:
    petrophase wrote:
    Does anyone regularly carry in any Rapid area supermarkets? Any problems? I usually shop at FTC and Safeway.
    Are you having a problem? My family and I regulary cc in stores all over Rapid City without a problem. We do not open carry in the city but do so ourside of Rapid City. Be more specific.

    If you open carry in Rapid City you will be stopped by the local police and questioned. However, you are perfectly legal and will be allowed to go about your business. But, you can expect regular police contact.
    Why will you be stopped and questioned with regular police contact? Isn't SD a Gold Star state?
    The Rapid City police would simply stop and have a conversation regarding the weapon on your hip. Perhaps a check to see what your attitide is. There is nothing wrong with an officer having a simple conversation with someone who is legally carrying.

  6. #6
    Regular Member Caledonius's Avatar
    Join Date
    Dec 2009
    Location
    Rapid City, South Dakota
    Posts
    5

    Post imported post

    I've open-carried at Prairie Market (Glock 27, IWB) and at several other businesses here and have never had the slightest problem.

  7. #7
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    1,605

    Post imported post

    Rapid City currently has an Illegal Ordinance, that is still on its books according to American Legal Publishing, that The Rapid City Police Department may still be enforcing.

    The current Ordinance is so codified as 9.28.040. The Ordinance allows Firearms and Weapons into establishments that sell Alcohol for consumption 'off-premisis', but the Ordinance does not allow carrying into establishments that sell Alcohol for consumption 'on-premisis'.

    This violates State-wide Preemption of Firearm related matters, and more specifically, violates South Dakota Law 9-19-20. Therefore, where South Dakota Law 9-19-20 and Rapid CityCode 9.28.040 conflict, 9-19-20 will govern, as it Preempts the subject related matter of Firearms.

    South Dakota Law 9-19-20 provides, ver baetum, '[a]ny Ordinaces prohibited by thissection are null and void'. Clearly, 9.28.040 and 9-19-20, can not coexsist.

    However, South Dakota does not allow Firearms into Bars, per 23-7-8.1. The key distinciton here is to apply a certain test to ascertain as towhether or not it is Lawful to carry a Firearm where Alcohol is served. The test Question is: Does this Establishment derive more than 50%of its total income from 'on-Premisis' sell of Malt Beverages or Alcoholic Beverages? In this test Question, as it applies to Rapid City,the generalanswer would normally be 'No'.

    The only other places that are 'off-limits' in South Dakota are: 1. Courthouses, per South Dakota State Law 22-14-23 and, 2. Schools for Children, per South Dakota State Law 13-32-7. However, it is note-worthy to note thatThe Courthouse Law could very well be trumped if one '... has a Lawful purpose', per South Dakota Law 22-14-24, or if The County Commisioners waive this under Color of Law, per South Dakota Law 22-14-28.

    Furthermore, Rapid City Code 5.12.070 is also,Illegal, provided;that it may read that Concealed Weapons are prohibited, because, they are what is regulated underSouth Dakota State Law 23-7-8.1. Seemingly, and interestingly, 23-7-8.1 of South Dakota Law applies only to Concealed Carry, not Open Carry, so, theroretically one very well could Open Carry inany BarEstablishment and not violate Law. Seeing as to how 23-7-8.1 of South Dakota Law applies only to those Establishments that derive more than 50% of their income from Alcohol 'on-Premisis' sales, then, this is understandable logic to follow. Since it is plausible to assuem that not all License holders areoperating Bars, then, this Ordinance... in accordance with South Dakota Law 9-19-20... is null and void as well.




  8. #8
    Regular Member Caledonius's Avatar
    Join Date
    Dec 2009
    Location
    Rapid City, South Dakota
    Posts
    5

    Post imported post

    Very interesting, aadvark, thank you. Assuming that SD (i.e. Pierre) preemption remains in force (and I think it will) my open-carry rights will remain intact.
    Thank you again.

  9. #9
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    1,605

    Post imported post

    Although that little tid-bit was somewhat redundant, I was both awed and shocked to learn that there was any potential Open Carry problems in South Dakota... of all places.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •